(a) Responsibilities of each Recognized Statistical Agency and Unit. Each Recognized Statistical Agency and Unit must uphold the responsibility to conduct objective statistical activities by carrying out its duties under this paragraph (a). The Recognized Statistical Agency or Unit must determine the policies and practices that ensure objectivity of its statistical activities, including ensuring equitable access to the statistical products it disseminates. Each Recognized Statistical Agency or Unit must:

(1) Produce statistical products that are impartial and free from undue influence and the appearance of undue influence by:

(i) Employing transparent and reproducible methods and processes in producing statistical products, to the extent feasible and consistent with the protection of confidential statistical data;

(ii) Disseminating impartial statistical products in a clear and complete manner, without limitation or selection to promote a particular policy position or group interest; and

(iii) Announcing dissemination activities, such as through statistical press releases or on the Recognized Statistical Agency or Unit's website, in a manner designed to be factual, comprehensive, accurate, easily understood by the public, and without favor to a particular policy position or group interest;

(2) Ensure data users have equitable access to its statistical products by:

(i) Making public releases available to all data users at the same time, with limited exceptions as allowable in OMB Statistical Policy Directives, in accordance with the scheduled release date;

(ii) Disseminating and making available to the public free of charge any statistical product deemed suitable for public dissemination that has been provided to any other data user; and

(iii) For confidential statistical data that are not deemed suitable for public dissemination, ensuring policies and procedures for granting access are applied consistently, in accordance with statute, rules and guidance issued by the Office of Management and Budget to implement 44 U.S.C. 3582 and 3583, and other applicable authorities that govern access to confidential statistical data;

(3) Determine the necessary qualifications for and allocate available labor resources among different job positions supporting the Recognized Statistical Agency or Unit's lifecycle data management (e.g., economists, statisticians, data scientists, information technology (IT) specialists, and other subject matter experts) and evaluate candidates based on assessments of scientific and technical knowledge, credentials, and experience; and

(4) Consistent with applicable law and policy, maintain functional separation from any administrative, regulatory, law enforcement, and policymaking functions at any parent agency or at the Recognized Statistical Agency or Unit by maintaining exclusive authority within the Recognized Statistical Agency or Unit for granting access to its confidential statistical data and the information systems that hold confidential statistical data.

(b) Responsibilities of each parent agency. Each parent agency must enable, support, and facilitate the Recognized Statistical Agency and Unit in carrying out its responsibility to conduct objective statistical activities. Each parent agency must—

(1) Allow the publication of statistical products without requiring clearance of the content from offices or officials outside of the Recognized Statistical Agency or Unit, and allow the Recognized Statistical Agency and Unit to respond to inquiries from external interested communities and stakeholders, including the media, the Congress, and others, about its statistical products in a manner that ensures appropriate consultation with the parent agency without the parent agency requiring review, approval, or edits to the response, unless responses to those inquiries include matters related to policy, budget, or management issues; legally privileged information; or matters affecting current or future litigation;

(2) Support the impartiality of the Recognized Statistical Agency and Unit in its production and dissemination of statistical products by ensuring it is permitted to determine the methods for conducting statistical activities for statistical purposes and for disseminating statistical products. Unless otherwise prohibited by statute, when a statute, rule, or policy authorizes any other agency official to make such determinations, that responsibility must be delegated to the head of the Recognized Statistical Agency or Unit, as described in § 1321.4(b);

(3) Ensure compliance with 44 U.S.C. 3520(d);

(4) Ensure that the resources of the Recognized Statistical Agency or Unit are managed by the Recognized Statistical Agency or Unit in accordance with the fundamental responsibilities described in this part by allowing the Recognized Statistical Agency or Unit to:

(i) Maintain and determine the functional requirements, specifications, and performance capabilities of the information technology it uses to conduct statistical activities and disseminate statistical products;

(ii) Determine the presentation of statistical information and the timing of when statistical information is disseminated;

(iii) Allocate its labor resources among different job positions;

(iv) Develop, explain, and respond directly to queries about resource needs through congressional and executive branch budget processes, as those processes are established through OMB Circular A-11; and

(5) Support the autonomy of the Recognized Statistical Agency or Unit to manage and control its data by ensuring that the Recognized Statistical Agency and Unit has the authority to make all determinations regarding:

(i) The governance of its data, including the archiving of its data;

(ii) Access to its confidential statistical data and the information systems that hold confidential statistical data; and

(iii) The approval, direction, and management of the use of its confidential statistical data by external parties for purposes of developing evidence, as defined in the 44 U.S.C. 3561 and relevant Office of Management and Budget policies, including the authority for ensuring compliance with the Standard Application Process required under 44 U.S.C. 3583 and related guidance.